“Far too often in previous administrations, agencies have imposed unfair and unnecessary burdens on businesses—particularly small businesses—through the investigatory and adjudicative process,” ABC said. “Because the rules and regulations by which statutes are implemented in the 21st century have become so complex and convoluted, it is nearly impossible for business leaders to be fully aware of every regulatory requirement. There are also many secret rules lurking in the Federal Register, or guidance that was never published at all or was changed without notice or public comment, resulting in potentially severe penalties for innocent mistakes…ABC hopes that this is the first step in fully implementing the order and reducing regulatory burdens imposed on the business community.”

Additionally, ABC expressed its support for the following modifications to the current investigatory and adjudicative processes:

No person should be subjected to a civil administrative enforcement action or adjudication without prior public notice of the agency’s jurisdiction over the particular conduct and the legal standards that apply;

All government agencies should foster greater private-sector cooperation in enforcement, share information more transparently with regulated businesses and reach predictable outcomes; and

Most importantly, all government agencies must safeguard regulated businesses against punitive measures that are imposed without fair warning and full notice of what types of conduct will be penalized, including but in fact exceeding constitutional due process rights.